EU Accession & the Food Safety Acquis

Dr. Kirstyn Inglis,Post-doc Research Fellow (FWO)

Ghent University

Some legal comments on the agri-food acquis in the enlargement context

1. The evolution of EU food hygiene and safety rules in the context of enlargement

2. What is required of aspiring Member States ?3. Is it possible to join the EU without

implementing all the agri-food laws4. Safeguards and crisis mechanisms in the agri-

food acquis

1. EU food hygiene & safety in an enlarging Union

• BSE crisis triggered the overhaul of acquis relating food– Crisis in consumer confidence– Crisis in governance at EU + national levels

• New agri-food law + Governance: – risk assessment is separate from risk management

• Institutional changes to come in 2010

2. What is required of candidates?• ‘approximating’ to a moving target• 7 sub-chapters of the agri-food acquis

1. General: Regulation 178/20022. Placing on the market of food, feed and animal

by-product3. Controls4. Food Safety5. 5. Animal health6. 6. Feed7. Phytosanitary

« Approximation »• 3rd Copenhagen criteria: taking on the

obligations of membership• legal and administrative capacity criteria … to be

assessed in a ‘forward looking and dynamic way’• Capacity building and ‘credible commitments’• Imports to the EU have to be ‘equivalent’• Membership requires “approximation”

= transposition= implementation= compliance+enforcement

Council Decision 2008/157, OJ 2008 L/51Short term priorities at page 12

Chapter 12: Food safety, veterinary and phytosanitary policy• Adopt framework law on food, feed and veterinary matters for

complete transposition of the EU acquis,• Ensure the system for the identification and registration of bovines

and registration of their movement to comply with EU acquis, and start implementing an appropriate system for sheep and goats in order to trace movements,

• take the necessary measures to allow the Thrace region to be recognised by the World Organisation on Animal Health as a foot-and-mouth disease-free zone with vaccination,

• classify all agri-food establishments by category based on the EU acquis and prepare a National Programme for upgrading those establishments.

Medium term priorities, page 16

Chapter 12: Food safety, veterinary and phytosanitary policy• Adopt control measures for animal diseases and set up

eradication plans where this is justified by the animal health situation,

• enhance laboratory and control capacities in the food safety, veterinary and phytosanitary domain, in particular as regards reference laboratories, residue testing (including control plans) and sampling procedures,

• align the legislation on Transmissible Spongiform Encephalopathies (TSE) and animal by-products and start to set up the necessary collection and treatment system

3. Is it possible to join the EU without implementing all the agri-food laws?

• Accession Treaties: food safety is beyond negotiation

• Can extra time be negotiated for full compliance after accession?

• Typical restrictions on produce from the new Member States

• Crisis and emergency measures in the acquis

Conclusion

• Advantages and disadvantages of full approximation compared to equivalence sooner rather than later

• Inadequate approximation on accession means legal uncertainty for industry and potential loss of market

• Potential costly actions against the new Member State: fines and even exceptional safeguard measures under the accession treaty